Lane v. Owings

OPINION of the Court, by

Ch. J. Boyle.

Harrison and Owings executed a joint obligation, binding themselves to deliver to Lane and Taylor a quantity of hemp, on or before a day therein named ; and at the time of executing the obligation there was an endorsement made on it to this effect, viz. “ it is understood that Owings is only the security of the within note, in case of the failure of Harrison.”

For a failure to deliver the hemp, an action of covenant was brought on the obligation against Harrison and Owings ; to which Owings separately pleaded, in substance, that by the endorsement aforesaid…